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Denver District Court dismisses Powertech lawsuit

Court confirms 2008 state law regulating mining operations can be used

By Jessica Maher Reporter-Herald Staff Writer

Posted:
07/16/2012 07:19:12 PM MDT

A Denver court rejected a lawsuit by Canadian uranium prospecting company Powertech on Friday, affirming a 2008 state law that regulated mining operations in the wake of Powertech's proposal near the Larimer and Weld County line.

Powertech filed suit in 2010, claiming the state Mined Land Reclamation Board was exceeding the authority granted by the state law, which was designed to protect groundwater from uranium mining impacts. The company had proposed in-situ leach mining for the Centennial project. The technology pumps water underground to dissolve uranium deposits and then pumps water to the surface, extracts uranium and returns the water underground.

Opponents of the in-situ technique, including the advocacy group Coloradoans Against Resource Destruction, say it threatens groundwater and would have health, environmental and economic impacts on Northern Colorado.

"The Colorado uranium mining industry is wrong to keep fighting water quality protections and better public involvement," Jeff Parsons of the Western Mining Action Project said in a statement. "The people of Colorado have a right to be heard and will not accept mining projects that cannot protect the water."

The 2008 state law includes measures that give affected residents a voice in the mine permit process. Powertech alleged violations of the state Administrative Procedure Act, but Denver District Court Judge Christina Habas threw out all of its challenges.

"We're obviously disappointed in the decision," said John Fognani, Powertech's lead attorney on the case, adding he did not think the decision agrees with the Administrative Procedure Act.

Fognani said he and his client are currently evaluating the likelihood of filing an appeal in the case.